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confusing in 28 days period of fresh application

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

confusing in 28 days period of fresh application

Post by dilowar07 » Tue Dec 10, 2013 2:19 pm

hi,
my appeal dissmissed today in first tier. i know i have 28days to make a fresh application. but confusion is here ...FOR EXAMPLE

my first tier dismissed date -9 dec 13
apply upper tribunal - 12 dec 13
upper tribunal refused to accept my appeal in their court -18 dec 13

in this case, if i want to make fresh application after 18 dec, from what date my 28 days will be counted?

is it from first tier dismissed date or upper tribunal rejection date?
very confusing to me. plz help
dilowar

Princess of Ammi
- thin ice -
Posts: 298
Joined: Tue Dec 03, 2013 2:33 pm

Post by Princess of Ammi » Tue Dec 10, 2013 2:58 pm

your 28 days start from the date you receive Upper tribunal dismissal. !!
Thanks,
thanks,

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

Post by dilowar07 » Wed Dec 11, 2013 10:27 am

Princess of Ammi wrote:your 28 days start from the date you receive Upper tribunal dismissal. !!
Thanks,
still confuse, if uppear tribunal hear my appeal and dismiss it then i know its 28 days to make a fresh application.you know some times upper tribunal doesn't allow appeal to be heard in their court and send a letter saying like your appeal doesn't have enough strong argument for upper tribunal, we are sorry to allow your appeal in upper tribunal list. In this case my when my 28 days will start. is it from upper tribunal appeal rejection letter date in their list or first tier dismissal date?
dilowar

sky100
Newly Registered
Posts: 19
Joined: Wed Nov 13, 2013 2:46 pm

Post by sky100 » Wed Dec 11, 2013 10:40 am

If you believe the decision made by the Upper Tribunal judge is wrong in law you may be able to appeal to:
The Court of Appeal in England and Wales
The Court of Session in Scotland
The Court of Appeal in Northern Ireland
The judge will decide which is the appropriate court.

You must ask the Upper Tribunal judge for permission to appeal within one month of the decision (three months for social entitlement and war pensions or armed forces cases), stating why you are asking for permission to appeal.

If permission to appeal is not granted, you can still ask the appropriate appeal court for permission to make an appeal.

You are advised to seek legal advice before applying to an appeal court as you may become liable for fees and costs.

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

gurus clarify confusion plz

Post by dilowar07 » Wed Dec 11, 2013 10:40 am

dilowar07 wrote:hi,
my appeal dissmissed today in first tier. i know i have 28days to make a fresh application. but confusion is here ...FOR EXAMPLE

my first tier dismissed date -9 dec 13
apply upper tribunal - 12 dec 13
upper tribunal refused to accept my appeal in their court -18 dec 13

in this case, if i want to make fresh application after 18 dec, from what date my 28 days will be counted?

is it from first tier dismissed date or upper tribunal rejection date?
very confusing to me. plz help
dilowar

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

Post by dilowar07 » Wed Dec 11, 2013 10:50 am

sky100 wrote:If you believe the decision made by the Upper Tribunal judge is wrong in law you may be able to appeal to:
The Court of Appeal in England and Wales
The Court of Session in Scotland
The Court of Appeal in Northern Ireland
The judge will decide which is the appropriate court.

You must ask the Upper Tribunal judge for permission to appeal within one month of the decision (three months for social entitlement and war pensions or armed forces cases), stating why you are asking for permission to appeal.

If permission to appeal is not granted, you can still ask the appropriate appeal court for permission to make an appeal.

You are advised to seek legal advice before applying to an appeal court as you may become liable for fees and costs.
thank you dear. But my query was if upper tribunal doesn't allow my case in their court, obviously they will write a letter to me that your case is not going in upper tribunal list. In this case if i want to make a fresh application then from which date my 28days will start, is it from the date of letter they send or the date ofdksmissal of first tier. As my visa is expired
dilowar

sky100
Newly Registered
Posts: 19
Joined: Wed Nov 13, 2013 2:46 pm

Post by sky100 » Wed Dec 11, 2013 11:16 am

You start counting from the day you received the notice.
If you have all the required documents to make a fresh application you might as well sent it out ASAP and forget about all your permutations.

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

Post by dilowar07 » Thu Dec 12, 2013 1:44 am

sky100 wrote:You start counting from the day you received the notice.
If you have all the required documents to make a fresh application you might as well sent it out ASAP and forget about all your permutations.
i am not fully ready for fresh application. I don't know why my appeal has not been allowed cz first tier sent letter but i didn't recieved it. Phoned up to know th e progress the guy said decision been sent out 10 days before. I sent a fax of requesting to send the decision again. Been two days still waiting. The judge was not familiar with entreprenuer visa so probably he made mistake on it. I had couple of issue in my appeal. So don't know where judge wasn't satisfied. Do you know what most likely happen in this case, i send some documents with my application and those been listed in application form documents list but home office said i didn't send those documents, so they said there is no evidence to claim my points , just refused me.
dilowar

amelstar
Junior Member
Posts: 54
Joined: Thu Apr 25, 2013 1:42 pm
Location: england

hi

Post by amelstar » Sun Dec 15, 2013 4:56 pm

please state the reason for refusal of your leave from the home office and the reason for refusal for appeal right from the upper tribunal?

bhote123
Newly Registered
Posts: 25
Joined: Sat Dec 14, 2013 12:09 am
Location: London

Post by bhote123 » Sun Dec 15, 2013 7:47 pm

Hi there , I believe you have the option to make a fresh Application if and if your previous visa is still valid. If your previous visa is already expired then you can not do so. This is the opinion of my solicitor , please correct me if I it is wrong .

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Dec 15, 2013 8:09 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Post by tanvir1985th » Sun Dec 15, 2013 8:41 pm

vinny wrote:245DD(g).
will anybody succeed in getting ILR through 10 years long residency if he looses his appeal and then within 28 days leave the country and within 180 days come back to UK? its not very clear from yr link. i would appreciate if u can answr that.

osimen360
Newly Registered
Posts: 9
Joined: Sat Nov 23, 2013 8:00 am
Location: United Kingdom
United Kingdom

will be able to work when i make fresh application

Post by osimen360 » Sun Oct 05, 2014 5:28 pm

Hello Guys,
Please i need everyone support/ guardiance in this area as urgent as possible .can anyone point me to what section of immigration rule/ which immigration rule allows me to work after making a second fresh tier1 application and after my case with upper tribuner was terminated.am planning to make a fresh application but i am afraid i may not be able to continue working in my present place of work.i will be glad to hear contribution from anyone in similar situation.
Thanks

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: confusing in 28 days period of fresh application

Post by Olasunkanmi » Mon Oct 06, 2014 10:18 am

@ osimen360, ask your question on a new thread rather than using existing thread with completely different question.
The key to success is knowledge and hardwork, and to have faith.

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